Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

78.

Destruction of intimate samples and non-intimate samples in exceptional circumstances

78. (1) Notwithstanding sections 76 and 77 , if the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of an intimate sample or a non-intimate sample, the sample concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that sample becomes known.

(2) The exceptional circumstances referred to in subsection (1)are the following:

(a) it is established, at any time after the detention of the person concerned under any of the provisions referred to in section 9(1)for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed;

(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or

(c) it is determined by a court that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.